Sunday, February 2, 2014

Is slipping on wet pavement a compensable accident under Virginia Workers' Compensation law?

I once had a case in which an RN was hurrying across the street from a church parking lot to St.
Mary's Hospital where she worked. The Hospital had rented space in the church parking lot for its employees. The RN slipped on the wet pavement and hurt her left knee which required an operation. The insurer denied the claim on the grounds there was nothing defective about the pavement. Also, it said the rain was an Act of God and the insurer was not responsible for Acts of God. I responded by stating the path from the parking lot to the hospital was the only way the RN could get to the hospital. Since the Hospital required her to park in the church parking lot the Hospital was responsible for the path she had to take and any dangers she faced in taking this path. The Virginia Workers' Compensation Deputy Commissioner agreed and we won the case.

FOR MORE INFORMATION: contact Jerry Lutkenhaus at (804) 358-4766 or (800) 256-8862 or visit our website at Virginia Workers' Compensation Lawyer.